The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-27
THE RECORD OF THE COURTS.
supreme Court.

Tn- Hon. Byron &. Elliott Chief-justice.
The following opinions were rendered April 2b:
INSURANCE POLICY OBSERVATION-DISCLOSURES
13248. Jane Kline vs.. National Benefit Asso-
ciation.4 Marion s. c. Reversed Elliott. G. j.
Suit on an insurance policy that provided that
this certificate shall be incontestable for any
cause except fraud or Misrepresentation in the
application, proofs of loss, or failure to report
to the association any change of occupation that
would make the risk more hazardous one, or
failure to. comply with the conditions above
specified" The policy also recited that an adj
mission fee had been paid, and further that IF
the number of binding receipt is inserted it
becomes conclusive evidence that the above
amount, fadmisslon fee and advance assessments)
has been paid The number of the binding
receipt was inserted in the policy. The assessed
did not make full payment in money, but gave
two orders on his employer for the balance.
which order stipulated that if the order was not
paid his rights should be forfeited. The orders
were not paid the insured notifying his en-
ployer not to pay them. Held, that tne insurer
was estopped against the beneficiary to aver
that the sums mentioned in the binding receipt
and acknowledged in the policy to have been
paid. not paid. Held, also, taking into
consideration the whole contract, as evidenced
by all the written Instruments that there was
cause fer FORGETTING the policy.
MISUNDERSTANDING OF WAY.
1876 Lewis E. Campoell VS. s. v Rail
road Company. Miami S. c. Affirmed. Howh.
J.-When the license is not revocabie, tie
grantee who takes with notice. as we'll as tlle
original licensor, is bound by the equitable es-
topped. The occupancy and of the strip of
land in controversy for appellee's road-bed and
railroad track and for the running of its trains
was sufficient notice to appellant, who clai ms
under the original lcensor, of appelee's county,
When it appeared that, under such license ap-
pellee had entered and expended large sums of
money TO maintain its road, the right of-way
thus acquired in the absence of any limitation
extended to the full statutory width of six rods
or one hundred feet The evidence susaips the
verdict.
STRENGTHENING LANDs-UsluGE.
1851. Gideon W. Seavey VS.. Frank S. Shu-
rick. Allen s. c. Affirmed. Mitchell. j.
Clearing land, in the absence of words of limita-
ton, means removing therefrom all the timber
of every size, but does not include taking
the stumps Tho contract in this case, in ex-
press terms and without any limitations.
CURED appellant to clear the lard Parol evil
dence was not admissible to prove a usage in
tract
Superior Court.
Room Hon Napoleon b. Taylor, judge
Sarah E. F. Wagner VS.. William R. Wagner;
divorce Granted plaintiff; also. custody of
child. on account of abandonment and failure to
provide
Sylvester Johnson, receiver of R. r. Rouse
Manufacturing Company. VS.. Alexander Nc
knight ct AL; suit on bond. On trial by court.
Room 2-Ron. D. W. Howe. Judge.
Ann Doyle VS.. Crescent Brewing Company;
damages. On trial by jury
Patrick Casson vs.. Joseph Cussicks; to quiet
title. Title quoted in favor of plaintiff.
Room a-Hon Lewis q. Walker. Judge
State, on relation of Martin Scheid, vs. John
Lowe, and Henry Mauer. his bondsman dam
ages. Verdict against Lowe for 81 and costs
NEW SUITS
Hattie Durham vs. Valentine O. Dunham
complaint for divorce and alimony. Allegation,
abandonment.
VIM. Stansburg VS.. Luella Stansburg: COM
plant for divorce. Allegation. contained negro
blood.
Kate Bottoms vs.. Henry Bottoms; complaint
for divorce. Allegation abandonment.
John Chambers vs.. j. Z. Twiname; complaint
| on account Demand. $50
| VIM. F. Morris vs. Artemus NJ Hadley ct al ;
| suit on account Demand, 5000.
| W. G. L. H Robson VS. NJ. A. Robson; d.
| vorce. Allegation. abandonment
James Fl. Hamilton vs. Minnie Hamilton; com
| plant for divorce Allegation abandonment.
Ida Boyer vs.. Frederick Boyer; complaint for
| divorce. Allegation, cruel treatment. Demand,
$780, Restraining order granted.
| SUPERIOR COURT JURORS
| Jurors were drawn for the May term of Su-
perior Court in Rooms and as follows yester-
| day:
| Room 2-John Kepnle Lafayette Lewellyn.
| John Cottrell. Henry B. Baxter. VIM II. Linder.
| Newton Craig, Edward Davidson, John T. Leg
gett Henry English, John G. Holler Samuel G.
| Cable. David f. GLADDEN.. John Harcourt j. NJ
| Meyers. Henry Walker and Charles F. Piei.
| Room 3-John kilie Fred w. Prangs, Sebas-
| tian Webb, Richard Golfer Jacob Fotz Benia-
| min j. Gardner. William Quinn. John Wright.
| Milton Spencer Lemuel Montague, Ira j. Chap
| man and William H. Danahey.